Criminal Defense for Truck Accident Lawsuits: Here’s All You Should Know
Truck accidents are among the most common types of personal injury cases. If you or a loved one is involved in a truck accident, it’s important to know what to expect from criminal defense lawyers who handle these cases.
When you have been in a truck accident and suffered injuries, it is important to know if you should sue the other party for damages. It is not always easy to determine who is at fault in a truck accident. Even if one of the parties was at fault, it can be difficult to prove their liability in court. If you are injured in a truck accident and want to find out whether you should file a lawsuit, read on.
Are truck accident lawsuits criminal in nature?
The first thing to keep in mind is that most truck accidents are not criminal acts. They are accidents that occur when someone gets behind the wheel of a big rig and drives it into another vehicle or causes an injury to another person.
Criminal charges can be filed against the truck driver who caused the accident and against anyone who was injured in the accident, but only if they were criminally negligent in their actions. A criminal charge is brought by state prosecutors and requires them to prove beyond a reasonable doubt that someone was negligent in causing an injury or property damage to someone else.
In order for there to be civil liability, however, there needs to be some kind of negligence on the part of the other party in the case. This means either through negligence or fault (intentional conduct). If none of these things apply, there will be no civil lawsuit filed against anyone involved with any sort of negligence or fault on their part during the accident.
If feasible, you can always get a criminal defense lawyer for a truck accident lawsuit, especially if some criminal intent was involved.
What are the common causes of truck accidents?
Truck accidents are often caused by driver error or mechanical failure. The most common cause of trucks having accidents is mechanical failure, which includes problems with brakes, steering, tires, and suspension systems.
Tires also play a role in many truck accidents because they wear down over time as they haul heavy loads across bumpy roads and rough terrain. In addition to mechanical issues with trucks causing accidents, drivers may also be distracted by other vehicles on the road or distracted by another activity while driving their truck such as texting or doing work on their cell phone while driving.
Truck accidents happen due to a number of reasons. Here are the common causes of truck accidents in most of the US. We’ll first talk about the 6 driver-related causes, then non-driver-related ones.
- Driving while intoxicated/under the influence
- Reckless driving
- Distracted driving (driver on call/texting)
- Poor vehicle maintenance (could be partially the company’s fault)
- Poor cargo loading (could be partially the loading staff’s fault)
Now, some additional non-driver-related causes of truck accidents:
- Poor road conditions
- Bad weather/poor natural visibility
- Unrealistic time constraints/deadlines (the company or the client might be partially liable here)
- Poor driver training (the trucking company can be at fault here)
Does an accident make a truck driver a criminal?
An accident with a truck can make a driver criminally culpable.
A trucker who causes an accident and then leaves the scene can be charged with felony hit-and-run. A conviction for this crime can result in up to three years of jail time and fines of up to $10,000.
A truck driver who negligently causes a crash may be sued by any victims who were injured in the accident and/or by any property owners who suffered damages due to the crash. If you were injured by a negligent truck driver or if you suffered property damage as a result of a crash involving a negligent truck driver, our firm can help you determine whether your case is worth pursuing.
The truck driver is criminally liable only if he negligently operated the vehicle. If he was driving safely and within the speed limit, then he can’t be held criminally liable for an accident.
Stracci Law Group can help you if you are charged with a crime after your truck accident. A truck accident lawyer can advise you on how the evidence will be presented at trial, whether it is favorable or unfavorable, and whether there are any defenses available.
A truck accident lawyer can provide legal advice and represent you during the trial if your case goes to trial. Depending on the type of case, this may include preparing for cross-examination, reviewing the evidence against you, and preparing a defense strategy based on the facts of your case.
Truck accident lawyers may also offer other services, such as representing injured parties in personal injury lawsuits filed against their employers or insurers.
Truck accident lawsuits are never fun, but they can be even worse when you're dealing with criminal charges. If you're facing serious criminal charges after an accident, your lawyer should know how to help you.
If you’re facing a truck accident lawsuit, here's all you should know about the process:
- The police will investigate the accident
- Your attorney will look into what happened before and during the accident
- You'll have to appear in court for a preliminary hearing
- If necessary, your case will go to trial
So, something might be afoot if you’re wondering why is my personal injury case going to trial.
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